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Utahns for Better Transp. v. Department of Transp.

ELR Citation: 32 ELR 20790
Nos. No. 01-4117, 295 F.3d 1111/(10th Cir., 07/05/2002)

The court reverses a district court holding that a trade association lacked standing to intervene in an environmental group's suit against the U.S. government challenging the government's approval of a highway improvement plan. The court first holds that the district court incorrectly concluded that the trade association lacked standing to assert its members' rights. The grounds set forth by the trade association for intervention outline specific economic interests; the association's membership includes transportation, planning, and engineering officials who have experience with, and have contributed to, the transportation plans at issue here; and the association's members depend on the transportation system for commuting, recreation, delivering materials and equipment, and conducting their business. The court also holds that the case at issue may impair or impede the association's ability to protect its members' interests. The court further holds that the interests of the association are not adequately represented by the existing parties.

Counsel for Plaintiffs
Joro Walker
Land and Water Fund of the Rockies
214 E. 500 South St., Salt Lake City UT 84102
(801) 487-9911

Counsel for Defendants
David M. Friedland
Beveridge & Diamond
1350 I St. NW, Ste. 700, Washington DC 20005
(202) 789-6000

Gibson,* J. Before Seymour and McWilliams, JJ.

* The Honorable John R. Gibson, Circuit Judge. United States Court of Appeals for the Eighth Circuit, sitting by designation.